Banner Industries of N.E., Inc. v. Wicks et al

Filing 26

ORDER TO SHOW CAUSE: It is ordered that the # 25 MOTION for Preliminary Injunction filed by Banner Industries of N.E., Inc., and this order shall be served by 2/11/2012 at 5:00 PM to be deemed sufficient service. Show Cause Response due by 2/17/2012 by 5:00 PM. Show Cause Reply shall be filed by 2/22/2012 at 2:00 PM. The Show Cause Hearing is set for 2/24/2012 at 10:00 AM in Syracuse before Judge Norman A. Mordue. Signed by Judge Norman A. Mordue on 2/10/2012. (jmb)

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF NEW YORK
______________________________________________
BANNER INDUSTRIES OF N.E., INC.,
Plaintiff
vs.

5:11-CV-1537
(NAM)(RFT)

KENNETH L. WICKS and
HARRINGTON INDUSTRIAL PLASTICS LLC,
N

Defendants
_______________________________________________
ORDER TO SHOW CAUSE
Norman A. Mordue, United States District Judge:
Upon the annexed Affidavits of Seth H. Hochbaum, Esq., Gary J. Richard, President of
plaintiff, Banner Industries of N.E., Inc. (“Banner”), dated November 28, 2011 and February 3, 2012,

A

the accompanying memorandum of law and all exhibits thereto; and all prior proceedings had herein,
Let the defendants, Kenneth L. Wicks (“Wicks”) and Harrington Industrial Plastics LLC
(“Harrington”), show cause on the 24th day of February, 2012, at 10:00 a.m., why an order should not
be entered pursuant to Fed. R. Civ. P. 65, ordering that:
i.

Wicks be prohibited from continuing his employment with Harrington through

M

September 16, 2012;
ii.

Wicks be prohibited from engaging in, having an interest in, being employed by or

being in any way connected with (as a consultant, independent contractor or otherwise) any company
or entity that is a competitor of Banner’s, including any retail distributor of high purity components,
including valves, vacuum fittings, tubing and gauges that are used in the high technology
manufacturing industry, particularly in the semiconductor industry, anywhere in the United States

through September 16, 2012;
iii.

Wicks be prohibited from directly or indirectly soliciting, diverting or taking away any

of Banner’s customers or clients, former customers or clients, prospects or vendors or patronage of
such customers or clients, former customers or clients, prospects or vendors, through September 16,
2012;
iv.

Wicks be prohibited from disclosing any confidential information of Banner to anyone

N

for their use or benefit or for the use or benefit of any others;
v.

Wicks be required to return forthwith to Banner any and all documents, materials or

other property of Banner;
vi.

Wicks be required to refund forthwith to Banner any and all sums paid to him under

the Settlement Agreement between Banner and Wicks dated November 11, 2009;
vii.

Harrington be prohibited from continuing to employ Wicks as an employee, consultant

A

or independent contractor through September 16, 2012;
viii.

Harrington be prohibited from using for its benefit or the benefit of others, any

confidential information, trade secrets, customer lists, vendor lists or financial information or any
other confidential trade secret or private financial information of Banner regarding the business of
Banner that Harrington obtained or learned from Wicks; and
M

ix.

Harrington be required to return to Banner any and all any confidential information,

trade secrets, customer lists, vendor lists or financial information or any other confidential trade
secret or private financial information of Banner that it obtained from Wicks.
It is ORDERED:
That service of this order and the papers upon which it is based shall be sufficient if served
by February 11, 2012, by 5:00 p.m.; and it is further

ORDERED that any response papers by defendants shall be electronically filed no later than
5:00 p.m. on February 17, 2012; and it is further
ORDERED that any reply papers by plaintiff shall be electronically filed no later than 2:00
p.m. on February 22, 2012; and it is further
ORDERED that Oral argument is scheduled for February 24, 2012, at 10:00 a.m., before this
Court in Courtroom 6, James M. Hanley Federal Building, 12th Floor, 100 South Clinton Street,
N

Syracuse, New York.
IT IS SO ORDERED.
Date: February 10, 2012

A
M